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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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WgCdr AK Singh   04 November 2011 at 11:21

Fir

Dear all,
1. My wife is an Asst Registrar in a state Govt university.
2. Yesterday, a lady student (and her mother) threatened her with dire consequences for refusing to entertain her illegal demand. The case relates to her enrollment for a course, where in she refused to submit the original copy of her migration certificate; and this appears to be a case of simultaneous enrollment for two courses, which is not permitted as per rules.
3. The Vice Chancellor appears to be helping the student, as he had verified the photocopy of her migration certificate for the enrollment, even though the original copy was not in the possession of the student.
4. The local police has taken a written complaint (recpt taken) from my wife, but the Officer in charge (TI) is refusing to file an FIR. His argument is that it's a departmental matter of the university. So, he plans to first conduct an inquiry, then file the report with the Vice Chancellor and Registrar, and then take a decision based on their orders.
5. SP is not attending his cell/phone since yesterday. Also, he is also likely to tow the line of the VC & Registrar, who have been regularly pressurising my wife to unduly and illegally favour certain students (declined each time).
6. Firstly, this is not a departmental matter, and VC & Registrar have no business deciding the fate of the FIR. Further, I think the Supreme Court once ruled that filing of the FIR was mandatory for the police.
7. Please advise on the course of action
to be taken; and if any action can be taken to punish the TI for refusing to file an FIR.
Thanks.

Anonymous   04 November 2011 at 10:51

Case

Dear Friends,

In one of the State matter having 498a/406 IPC, the complainant did not turn for evidence but IO & other two relatives have given the witness.

Are there any judgement in favour of accused because of no complainant evidence.

Plz help me for those judgement.

On the contrary I also want to know that are there any judgement against the accused in that situation.

I will be highly grateful.

Regards

Swetambara Purohit   03 November 2011 at 23:33

Difference

What is the Difference between Further Investigation and Re-investigation...Plz Cite Some case laws relating to this matter....

panchal yogesh   03 November 2011 at 16:28

Cheque returened case

is 10% court fee is compulsory for settlement in cheque return case by court?

is it can be waived, how???

in court stage only affidavite is filled
and in primary stage

Anonymous   03 November 2011 at 16:00

How to escape from 10% court fee after settlement in cheque return case.??

sir,

As in cheque return case i have done settlement now court asking to make 10%payment as per supreme court direction.

as cheque return case amount is too big like rs/4 lacs and 10% is like 40 thousand quite big amount.

settlement is done in primary stage

is there any way to escape from 10% charge?

Anonymous   03 November 2011 at 15:59

Willfully implicating in false cases to gain property

Sir,

I got 2/3rd share in my deceased late mother after partition suit. To thwart and obstruct me from filing final decree she created forged relinquishment deed. With same forged relinquishment deed she filed private complaint in the court and booked me in crime U/Sec 420 Cr.P.C. Earlier her son attempted to kill me and her son was booked after crime U/Section 307 still pending. In between this I filed writ petition for the attack in the High Court still pending.

Sir, I complaint is, the property belongs to my mother. I got my share in the partition suit legally and that also contesting 15 long years. Due to my sister and their family evil desires and criminal background should I surrender my property which is legally obtained from my mother as a heir. What are the remedies available to me to defend my life and property in the present situation.

I will be grateful for the advise. Kindly enlightenment on the legal aspects.

Thanking you,

Yours faithfully,

MST

ganesh   03 November 2011 at 15:05

Droping accused from charge sheet in 498a, dp 3&4 case

Dear sirs I appreciate your help.
If police droping accused from charge sheet in 498A, DP 3&4 case for lack of evidence is there any way complainant ask court to include the names of dropped person. Complainant does not have any evidence except her mother giving false evidence.
At what stage of the case complainant can ask the court to include the droped acused in the charge sheet.( I mean immediately after charge sheet or after witness examination)
Will court consider complainant mother as evidence in 498A, DP 3&4 case. If other evidence is not there?.


Ganesh

Sharma   03 November 2011 at 13:45

Ipc 498(a)

i along with my 2 sisters were charged with 498 on 10th January 2010 and case was on in trail court till 10th october 2011 and it is settled and we applied for quashing FIR and trail court has send file to CJM for valuable report .

Due to my job i have to leave India for US on 17th feb 2010 and did not attend court till now and on intial stage on 2010 when case was charged i was given anticipatory bail and trail for my sister had done and case was settled .The case on me is transferred from trail court to CJM in my place.As i am employed in bakery in US with a small salary i find it difficult to come to india since it is only 1 year i left for US.

Will honourable CJM can squash my case (as i did not appear in court till now)quashing and settled

Anonymous   03 November 2011 at 12:59

498a witness

Witness, Inlaws allegations --> demand of additional dowry after since the day of marriage & allegated this was going until 14 years.

How should they prove , when inlaws are not staying with her daughter, Just mere allegation is sufficient ?

Or will this be false witness or not unblemished witness, experts please reply.

rakesh sss   03 November 2011 at 11:11

What is the time limit for appeal by prosecution side?

sir
i am from hyderabad .me and my family acquitted from 498charges in 5-sep.if my want to go session court what is the time limit for her and what happen after time limit.thank you